The Ontario E-Discovery Implementation Committee (EIC) has released revised versions of all of its e-discovery and e-trial model documents and guidance materials. Links to all of these documents are provided below.
The documents fall into the following broad categories:
|Model Document #8:|
Model Document #5: Preservation Letter (To be Sent to Opposing Counsel)
Model Document #6: Preservation Letter (To be Sent to Defendant or Proposed Defendant)
Discovery plans and discovery agreements
Model Document #1: Discovery Agreement
Model Document #2: Preservation Agreement
Model Document #9: Checklist for Preparing a Discovery Plan
Model Document #9A: Discovery Plan (Long Form)
Model Document #9B: Discovery Plan (Short Form)
Sample Document #1: Letter Confirming Discovery Agreement*
*this document is a sample, using hypothetical facts, of a discovery agreement in letter format in a relatively uncomplicated e-discovery matter
Guidance documents on how to carry out e-discovery and minimize costs
|Model Document #3:||Memorandum to Corporate Client Regarding Documentary Discovery|
|Model Document #4:||Memorandum to Individual Client Regarding Documentary Discovery|
|10 Guiding Principles|
Note: See also Model Document #9 (above), which is a Checklist for Preparing a Discovery Plan.
|Model Document #11:|
|Electronic Trial:||What is an Electronic Trial?|
Helpful E-Discovery Commentary
From time to time, the EIC will highlight here helpful commentaries prepared by e-discovery lawyers and other experts.
Peter Henderson, The Essentials of E-Discovery(August 2008)
Annotations within the Model Precedents and other EIC Guidance Documents
Annotations are included throughout the EIC’s model documents and the EIC’s other e-discovery guidance documents. Many of the annotations refer to The Sedona Canada Principles Addressing Electronic Discovery (the “Sedona Canada Principles”). The Sedona Canada Principles are a set of national guidelines for e-discovery in Canada, which reflect both existing legal principles and a set of identified best practices. The Sedona Canada Principles are intended to be compatible with the discovery rules in all Canadian jurisdictions. Effective January 1, 2010, civil litigants in Ontario are required, pursuant to Rule 29.1 of the Rules of Civil Procedure, to consult and have regard to the Sedona Canada Principles in preparing a discovery plan for an action. A copy of the Sedona Canada Principles may be downloaded from www.thesedonaconference.org, where they are found under the list of publications for Working Group 7.
The EIC’s documents have been prepared and made available to the public by the EIC for informational purposes. They are not provided as legal or technical advice and should not be relied upon as such.
Providing Your Comments
The EIC always appreciates comments on its materials. The Committee will review all comments received and consider appropriate revisions. Comments may be submitted to the Chair of the EIC, David Outerbridge, at:
79 Wellington Street West
Toronto, ON M5K 1N2
About the Ontario E-Discovery Implementation Committee
The E-Discovery Implementation Committee is a joint committee established by the Ontario Bar Association and The Advocates’ Society. It is composed of litigators and other litigation professionals from both the private and public sectors, and members of the judiciary in Ontario.
The mandate of the EIC is to implement “on the ground”, within the Ontario court system and litigation bar, best practices with respect to electronic discovery. The goal is to carry forward the job begun by the Task Force on the Discovery Process in Ontario, and its Guidelines for the Discovery of Electronic Documents in Ontario. The EIC is guided in its work by the Sedona Canada Principles.
A key theme in the work of the EIC is proportionality – the requirement to ensure that the e-discovery requirements that are placed on litigants are proportional, in terms of cost, time and effort, to the nature and dollar value of the case.
The current members of the EIC are Duncan Boswell, Tim Buckley, John Buhlman, Alex Cameron, Mr. Justice Colin Campbell, Michael Fraleigh, Derek Freeman, Master Benjamin Glustein, Brett Harrison, Peter Henderson, Kathryn Manning, Brent McPherson, Brad Moore, Dera Nevin, David Outerbridge (Chair), Dan Pinnington, Ken Prehogan, Molly Reynolds, Danny Schwartz, Tom Sutton, Brendan Van Niejenhuis, David Wires and Michele Wright.
Updated: February 22, 2011